‘We Ain’t Playing Anymore,’ Judge Says, Releasing Carjacking Defendant

Thank you for reading D.C. Witness. Help us continue our mission into 2024.

Donate Now

DC Superior Court Judge Erik Christian issued stern warnings to Richard Bates on Nov. 4 while giving him a second chance at home confinement pending trial.

Bates, 18, is charged with armed carjacking, robbery while armed, assault with a dangerous weapon, and three counts of possession of a firearm during crime of violence. The charges stem from his alleged involvement in a carjacking on the 1600 block of Frankford Street, SE, on Sept. 13, 2023. One individual sustained injuries to the head from the incident. 

Bates was originally granted pretrial home confinement on Sept. 19, 2023, six days after his arrest. Court documents list 23 notices of Bates’ failures to comply with the conditions of his release before Judge Christian ordered him returned to detention on Oct. 28.

Christen Romero Philips, Bates’ defense attorney, told the court that Bates’ first detention, in September of 2023, took place at the Youth Services Center (YSC) because Bates was then a minor. Bates has since turned 18, so his detention this past week was at the DC Jail. 

“That has opened his eyes to the two paths open to him,” Philips said. She asked Judge Christian to give Bates a second chance at home confinement, arguing Philips now recognizes the importance of following release conditions.

Philips gave a letter written by Bates to Judge Christian, who read it privately.

“He seems more vigilant and more aware and awake, so this [jail] seems like a better place for him,” said Judge Christian.

“I don’t think it means it’s a better place for him,” Philips replied. “I think it means he has realized the gravity of every decision he makes.”

“I think it has to be impressed on the defendant that he has to comply,” the prosecutor said. “His attitude to pretrial compliance has been very nonchalant.”

Judge Christian told the prosecutor that Bates’ attitude had been changed by his brief experience of DC Jail.

He ordered Bates released but told him to stay inside his home at all times, attending school and court hearings virtually and reporting by telephone to the Pretrial Services Agency (PSA) each week.

Judge Christian asked Bates’ mother about the residence where Bates would be living, “Is this a house? Does it have a front door? Back door? Windows?” 

He told Bates, “Stick your hand out the window, it’s back to jail.”

Philips asked if Bates could attend job interviews if he informed PSA of the time and location in advance.

“He needs to do it in writing. An employer has to provide confirmation of a job interview,” Judge Christian said.

Philips asked if Bates would need to leave the house to appear at PSA in person for drug testing. 

Judge Christian said he was not ordering scheduled drug testing but would allow PSA to require Bates to appear for random testing. 

“So don’t get any ideas. Don’t get creative,” Judge Christian told Bates. “If it comes into the house and goes into your body, night-night. You get what I’m saying?”

Judge Christian told Bates not to leave home without explicit court permission except in a true emergency, such as the house burning down around him.

“You see how thick this file is?” Judge Christian said, holding up a manila folder filled with documents. “No violations. We ain’t playing anymore.”

The next hearing in this case is scheduled for Nov. 25.